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Kymluk Natalia Vladimirovna,
associate professor of the department criminal law, process and criminology National University of the State Tax Service of Ukraine, сandidate of juridical sciences (Irpen, Kiev region)
CRIMINALISTIC METHODS OF INVESTIGATING CRIMES, WHICH ARE RELATED TO CORRUPTION
The corruption as a separate type of crime in existing criminal law of Ukraine is still missed. Now this concept is covered by such crimes in the area of utility, as bribery, abuse of power or authority, fraud and other offenses provided by the Criminal Code of Ukraine.
During the investigation of such crimes, investigators have some reasons to conclude that this category of crime is characterized by great difficulty of identifying their attributes and process evidence, therefore it is problematic. The study of the problem indicates that these crimes are committed by officials vested with powers for personal purposes.
A.N. Kolesnichenko was the first, who defined methods as a system of general scientific statements, guidelines based on the Criminal Procedure Act, which are used to demonstrate and investigate crimes. V.P. Bakhin determines the method of investigation as "the final chapter of forensic science, which is a system of scientific statements (laws principles) and developed on the basis of practical recommendations (algorithms, programs) that provide optimal organization of the investigation and prevention of certain types of crimes". R.S. Belkin during criminalistical method realizes a system defined elements, interdependent and mutually defining arranged in a certain order, which are methods of structure. « I.F. Krylov considers that the method of investigation is a set (system) of scientific statements, tactical tools, techniques and guidelines that are used in the investigation, detection and prevention of crime [1].
It is possible to agree with I.F. Krylov that method is the system for investigating crimes that are revealed by means of principles, guidelines, tools, and evidence of these crimes and subjects that are related to them. Investigate crimes features related to corruption is to establish all the necessary data, identify them and drive them to commit.
However, with the development of forensic
science has become increasingly clear that to solve the problem of creating a universal method of investigation too difficult, so scientists insist on the position at which the individual to develop better methods of investigation, and then the system would have on their general method [2, p. 297].
Obviously any crime is unique in its type and individual. There are no identical crimes. However, every single event - a manifestation of the same type events are characterized by not only the individual, but typical signs concerning the group, genus or species. In view of the development of forensic techniques indicates that in terms of content, it actually covers a system of individual techniques, so we must develop and use in the practice of «inter-species methods», «generic methods». Given that the investigation techniques must be a tool in the detection and investigation of crimes is unacceptable lack of unification of these methods, different approaches to their definition depending on the researcher, who describes them, taking into account the fact that the method of investigation is an application-specific algorithm investigative actions. This again confirms the need for unification of methods, making clear methodological guidelines for the implementation of procedural investigator [3, p. 349].
Professor V.Y. Shepitko rightly points out that the concept of forensic techniques should be considered in three main areas: as a branch of criminology; a method of investigating a particular type of crime or offense types (some forensic techniques) and as refractive (adaptation) generic methodology to specific crime (practical aspects) [4, c. 6].
We believe that the different views and opinions of scientists give rise to indicate the diversity of scientific and theoretical issues concerning the structure, the concept of individual methods of crime investigation, it allows you to think of appropriate difficulty between them, and poor application of
these techniques in the investigation of criminal offenses.
In our opinion, widely applied and qualitative development of individual techniques necessary to accurately position the example of the general provisions of the foundations of methods of investigating crimes in the scientific sense. Only on this basis may develop qualitative methods of investigating crimes that will be used in practice during the investigation and disclosure of various crimes. Also pay attention to the principles of formation of separate forensic techniques, which should be attributed to those provisions where there are indications of the dependence of their content and structure of the sources of. According exhaustive list of specific sources of guidelines forensic up law practice and science.
V. Tishchenko principles of scientific development of methods of investigating certain categories of offenses proposed such assumptions as objects of consideration investigation techniques, the use of data and the latest achievements of other sciences, development of guidelines based on forensic analysis and classification of crimes, using the experience of investigative practices, development some methods based on the definition and characteristics of the type of crime the circumstances to be disclosed, the development trends and challenges specific to the investigation stage of the investigation, development on the basis of information and situational assessment of investigations [5, p. 339-341].
We consider that the necessary to develop separate forensic techniques and clear, crisp, guidelines on the investigation of various crimes, including in and corruption. We believe that forensic methodology should include a system by way of methods that need to develop inter-species, subspecies, species and complex forensic techniques to investigate crimes, and these activities should be based on needs analysis of international experience, forensic practice, the use of situational approach and taking into account changes in criminal nature.
Exploring methods of investigating the structure of certain types of crimes should be joined the thoughts S.A. Knyzhenko which specifies that regardless of the type of classification of such methods, it should include the following required elements: forensic characterization of crimes of a certain type or group; typical investigative situations initial phase of the investigation and the corresponding complexes investigation and search operations; features specific tactics investigation; prevention activities investigator.
The structure of forensic techniques some crimes scientist as additional elements include: forensic classification of crimes; features trial verification and criminal proceedings; especially the use of specialized knowledge; interaction with other investigative agencies and government authorities; typical subsequent investigation of the situation, the final stages of the investigation and the corresponding complexes investigation and search operations; use of public assistance [6].
Given the peculiarities of corruption crimes, methods of investigation should include the following elements: forensic characterization of corruption offenses; especially the planning and nominating versions; Typical investigation of the situation and the corresponding complexes overt and covert investigative (detective) activities; features specific tactics investigation; using the specific expertise; interaction with other investigative agencies and public authorities.
In addition, it should be noted that an important technique for determining investigate corruption is a correct analysis of the investigator and prosecutor investigation of the situation in each particular case
[7, p. 16].
«Investigation situation - said SA Schaefer - is the actual state of affairs prevailing in a time of investigation, which depend on the future direction of investigation and the nature of decisions taken by investigators «[8, p. 87]. R.S. Belkin rightly observes that investigative situation - a dynamic system data which form in the mind of the investigator kind of information model under which it operates. According to R.S. Belkin necessary to determine typical repeatability situations, to clarify the conditions under which the problem will be solved tactical investigation. They are constantly changing under the influence of objective and subjective factors, objective factors - reasons beyond the control of participants to investigate and lead to changes in the situation; subjective factors -reasons arising from the actions and behavior of the participants investigation and other persons acting in a judicial [9].
We join thoughts SA Schaefer, because it is a state investigation that emerged at some point, which depends on the future direction the investigation and decision investigators. It is considered that the moment of investigation comes from a variety of typical and not typical situations that are regular in the community, and are building a common ground to start investigation.
To solve the problems facing the methodology, it turns out, studied and summarized all typical
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and special, available in the practice of committing various crimes and their investigation. Methods of investigation of certain types of crime represents a section of criminology, studying the experience and practice of committing a crime investigation, develops knowledge based on their patterns of system most effective methods of investigation and prevention of various types of crimes [10, p. 62].
Tools crimes are related to corruption, accompanying acts are committed in different areas. This explains the need to develop methods of official investigation of crimes related to corruption.
Often motivated abuse of power or position are selfish or other personal interest, careerism, wrongly interpreted professional or business interests and so on.
When investigating these crimes are primarily investigated: the purpose and form of abuse of power or position; made in the interest of the abuse; or officer was aware that exceeds the limits of its powers; not associated with the violation of official abuse, financial, technological discipline; as a superior structure reacted to the facts of abuse, whether the signals of these facts.
The main elements of criminological characteristics of crimes in question are: the subject of a criminal assault; information on the subjects of bribery and other corrupt practices; features space conditions and environment commission of these crimes; way crime and typical effects (traces) implementation.
During the investigation of bribery and other corrupt practices there are the following factors: whether an act of giving, receiving a bribe, bribing officials were, an act of giving, receiving a bribe, bribing officials; which is the subject of a bribe, bribery, which revealed the equivalent services or transmitted values, things; information about the briber, intermediaries, in particular, whether the recipient of a bribe officer that the scope of his authority, the nature of the relationship between the parties to the crime; information about other corrupt persons and those who committed bribery; whether the person is corrupt official; presence or absence of the fact of extortion; purpose and motives bribe, bribery; time, place, method of transferring a bribe; source of funds for bribes, bribery; nature of official acts performed by the recipient of a bribe (corrupt person); presence in the actions of participants crime evidence of other crimes, and circumstances aggravating and mitigating their responsibility or exempt from criminal liability (for example, if there was a bribe or corrupter he reported the bribe to the police); causes and conditions that contributed to the
commission of the crime.
In making cases for criminal investigative necessarily determined by a set of necessary investigation and search operations and their mode change. The main (common) problems solved investigator-phase investigation of corruption offenses include: installation and all accomplices involved in the offense; formation of argument of the prosecution of the person (s) committing a crime (crime installation person in full); establish the causes and conditions that contributed to the commission of a crime and taking measures to address them; provide compensation for damages caused offense; gathering information on the identity of the suspect.
As for the definition of the crime of corruption, it can be expressed as the following acts: a) illegal actions on creation in commercial enterprises structures to move funds to the accounts of these enterprises newly created (fictitious) companies; b) making unprofitable for the state commercial transactions (the provision of premises, vehicles, etc.); c) issuance of bank guarantees without sufficient real mutual obligations (allowing funds withdrawn from the account without works, delivery of goods, etc.); d) granting loans, loans, including for real projects used to hide theft of funds; promote the creation of fictitious companies, resulting in the opening of a bank account without proper legal registration and incorporation, as well as a client transferred to another bank [11]. Subject to corruption and bribery near other acts also include: indulgence, failure to promote and offenders, in particular, by providing service information (from public databases (tax, customs, Ministry of Interior, the State Statistics Committee, etc.), as well as bank exchange, investment fund, fund of state property, auction, etc.); falsification of documentary audit or audit; adoption fraudulent tax returns; giving favorable to the offender conclusion of the official investigation, materials preliminary check; hide compromising materials, and so on. Thus, the method of investigation that is currently in our legislation significantly out of date, because corruption crimes every day are growing rapidly throughout the country, ranging from the minimum of the village, district and region, ending the state level.
For security and performance techniques to detect corruption, and offenses related to corruption activities need to create only one law, the supervisory authorities may be created, not only at national level but also locally.
Law to be equal for all citizens in the country, regardless of status and position, with the definition
of misconduct by officials of the state, and subsequent legal measures against them, the legal verdict, having equal status and equal among all citizens of our society, which in the future will be an example for society and will to conduct certain legal measures and the establishment of legal order in the state.
From the above it can be supplemented and firmly determine not only the state structures, and their units are guilty of the generation, and increasing corruption.
Virus corruption, unfortunately affected the society and the mentality of people. For ordinary people, to enforce their personal interests affect different methods to authorized government officials, giving rise to the phenomenon of corruption.
Method investigate corruption determines how complex forensic knowledge, skills and experience
of the characteristics typical of the situation and necessary actions investigator of tactical features, systematized the effective detection, detection and prosecution of crimes related to corruption.
Given the peculiarities of corruption crimes, methods of investigation should include forensic characterization, especially the planning and nominating versions of typical investigation of the situation and the corresponding complexes overt and covert investigative (detective) measures, especially the tactics of individual investigations, specific application expertise, interaction Investigation of other services and government agencies.
All these structural elements subject to development and use up a set of measures to be used by the prosecutor and investigator during the preliminary investigation of crimes of corruption.
References
1. Forensic technique [electronic resource]. - Access: http://www.ukrreferat.com/index. php?referat=28370.
2. A.V. Starushkevych Problems universal method of investigating crimes in criminology / A.V. Starushkevych // Recent state-building in Ukraine through the eyes of young scientists: Mater. Intl. scientific-practic. konfer. students and graduate of Kyiv National Taras Shevchenko University, 19-20 April 2007 - Ray K .: 2007. - S. 296-297.
3. Rat B.V. Criminalistic methods: problems of formation and content / BV Rat // Scientific Herald of Lviv State University of Internal Affairs. Series Law. - 2008 - Vol. 1. - P. 342-349.
4. Investigation of crimes in economic activity: some forensic techniques: monograph / count. authors V.U. Shepitko, V.A. Konovalov, V.A. Crane, etc .; by row. V.U. Shepitko. - H .: Right, 2006. - 624 p.
5. V. Tishchenko Principles of forensic crime investigation techniques / A.V. Tishchenko // Bulletin of the Lviv University. Series Law. - 2007 - Vol. 44. - P. 337-342.
6. Knyzhenko S.A. Structural elements of the methodology of investigating some crimes [of Electronic resource]. - Access: http://www.nbuv.gov.ua/e-journals/FP/2008-2/08ksoonz.pdf.
7. Velikanov S.V. Classification investigative situations in forensic methods: Author. Thesis. for obtaining sciences. degree candidate. Legal. sciences specials. 12.00.09 / S.V. Velikanov. - X., 2002. - 22 p.
8. S. Schaefer Essence and Methods sobyranyya dokazatelstv in the Soviet uholovnom protsesse / S.A. Schaefer. - M., 1972. - 130 p.
9. Shershneva V.A. Organization investigation of tax crimes [electronic resource]. - Access: http://www. nbuv.gov.ua/portal/ Soc_Gum / Nvknuvs / 2011_3 / shersh.htm.
10. Shepitko V.U. Forensics / V.U. Shepitko. - H .: Right, 2001. - p. 111.
11. Information on the accounting for a single criminal cases involving crimes with signs of corruption, approved by the General Prosecutor of Ukraine, the Security Service of Ukraine, Ministry of Internal Affairs of Ukraine and the State Tax Service of Ukraine № 107 from July 1, 2011 // The official internet portal Prosecutor General Ukraine: [electronic resource]. - Access: http://www.gp.gov.ua.
№ 2 (38) 2015 ж Цазакртан Республикасы Зацнама институтыныц жаршысы
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Цагаз жалпы сот-здгстер цылмысты тергеу тужырымдамасын, сондай-ац ешмдШгг басцару саласындагы цылмыстар тYрлерiнiц 6ipi реттде сыбайлас жемцорлыцца байланысты цылмыстарды тергеу ерекшелiктерi зерттейдi. цылмыстыц цуцыц бузушылыц осы турт тергеу adicmeMeci негiзгi цурылымдыц элементтерi сыбайлас жемцорлыцца байланысты цылмыстар Yшiн MYMKwdiK беретт сот-эдiстерiн бешмдеу арцылы сипатталады.
Туши свздер: сыбайлас жемцорлыц; сыбайлас жемцорлыц цылмыстар; ресми цылмыс; цылмыс тергеу ddid.
В статье исследуется общее понятие криминалистической методики расследования преступлений, а также особенности расследования преступлений, связанных с коррупцией, как одного из видов преступлений в сфере служебной деятельности. Приведены основные структурные элементы методики расследования данного вида уголовных правонарушений, охарактеризованы способы адаптации криминалистических методов с учетом особенностей преступлений, связанных с коррупцией.
Ключевые слова: коррупция; коррупционное преступление; служебные преступления; методика расследования преступления.
This paper examines the general concept of forensic crime investigation techniques, and especially the investigation of crimes related to corruption as one of the types of crimes in the area ofperformance. The basic building blocks of methods of investigating this type of criminal offenses described how forensic techniques of adaptation to the specific crimes related to corruption.
Keywords: сorruption; corruption crime; official crimes; Methods of investigation of crime.
Наталья Владимировна Кимлык,
Украинаньщ мемлекетпк сальщ ^ызмет ^лттьщ университетшщ ^ылмыстьщ ic жYргiзу
жэне криминалистика кафедрасыньщ доцент^ з.г.к. (Ирпень Киев облысы)
Сыбайлас жемкорлыкка байланысты кылмыстарды тергеудщ криминалистикалык эдктемеа
Кимлык Наталья Владимировна,
доцент кафедры уголовного права, процесса и криминалистики Национального университета государственной налоговой службы Украины, к.ю.н. (г. Ирпень Киевская обл.)
Криминалистическая методика расследования преступлений, связанных с коррупцией
Kymlyk Natalia Vladimirovna,
associate professor of the department criminal law, process and criminology National University of the State Tax Service of Ukraine, c.j.s., (Irpen, Kiev region)
Criminalistic methods of investigating crimes, which are related to corruption
